(supra) and Plaxeda Rugumba & Attorney General of Rwanda,
EACJ Ref. No. 8 of 2010. We need not elaborate on this matter
since it has been extensively debated in the said cases. It is,
however, worth mentioning that the Reference before the Court
invokes the Court’s jurisdiction to interpret and apply the
provisions of the Treaty. The Applicant seeks, among others, to
invoke the Court’s jurisdiction to hear and determine whether
the 1st Respondent has breached the fundamental principles of
the Treaty set out in Article 6(d) by keeping him in detention and
whether the 2nd Respondent has violated Articles 29 and 71 (1) of
the Treaty.
33.
We wish to point out that Article 6(d) of the Treaty states
that one of the fundamental Principles that shall govern the
achievement of the objectives of the Community by the Partner
States is:
“good governance including adherence to the principles
of
democracy,
the
rule
of
law,
accountability,
transparency, social justice, equal opportunity, gender
equality, as well as the recognition, promotion and
protection of human and peoples’ rights in accordance
with the provisions of the African Charter of Human and
Peoples’ Rights.”
34.
Given the foregoing and guided by the Court’s previous
decisions on similar matters [see for example - Plaxeda
Rugumba’s case (supra), Professor Peter Anyang’ Nyong’o &
10 others Vs. Attorney General of Kenya & 3 others, EACJ
Ref. No.1 of 2006; James Katabazi’s case (supra)], we are of
the decided opinion, and in agreement with the Respondents,
REFERENCE NO.3 OF 2012
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